A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 30, 2014, the Defendant was issued a fine of KRW 3 million for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for the crime of violation of the Road Traffic Act.

On April 27, 2020, while under the influence of alcohol at around 03:22, the Defendant: (a) received a report from a slope belonging to the D District Unit of the State Police Station, on the part of the Defendant, on the 112-day, on the part of the passenger car in the city of the same city from the front public parking lot of Btel to the 5km distance; and (b) received the notification from the signal 112 that “the verified car driver is on the road,” and sent the notification, the Defendant was sniffing the alcohol; (c) there is considerable reason to recognize that the Defendant driven while under the influence of alcohol, such as the influence of alcohol, from around 03:50 to 04:13 times on the same day, the Defendant was demanded to comply with the demand of the Defendant to take a drinking measurement method by inserting alcohol in a total of three times from around 03:50 on the same day.

Nevertheless, the Defendant refused to take a breath test, or failed to comply with a police officer’s request for a breath test without justifiable grounds by such means as refusing to take a breath test or driving a breath test

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. For a criminal record of a defendant's statutory statement in violation of the Road Traffic Act (Refusal of measurement), a report on detection of a person suspected of committing a violation of the Road Traffic Act, a report on the situation of a driver, a report on his/her oral statement, and a record of a CD notified as a result of the control of drunk driving (videos taken as a surface of the refusal of measurement): Application

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defendant's drinking and unlicensed driving for the reasons of sentencing in Article 62-2 of the Criminal Act.